The Bombay High Court’s Aurangabad bench has refused to intervene in Nanded court orders directing a school teacher to pay alimony to her ex-husband, who claims to have no source of income.
In 2017, the woman was ordered to pay ‘Rs 3,000 per month as maintenance pendente lite from the date of application till disposal of the petition’ by the lower court to the husband. In 2019, a similar order was issued, ordering the school’s headmaster to ‘deduct Rs 5,000 from the monthly salary of wife and send the amount to the court after she refused to pay her husband.
The woman challenged both orders in a writ petition before Justice Bharati Dangre’s bench. The husband’s claim for interim maintenance, filed under Section 24 of the Hindu Marriage Act of 1955, was properly entertained by the Judge, and the husband was held entitled to interim maintenance while the proceedings under Section 25 were pending, according to Justice Dangre.
According to Section 25 of the Act, the court might order the non-applicant to pay the applicant maintenance in the form of a lump sum or a monthly amount for the rest of his or her life. Maintenance pendente lite and costs of procedures are dealt with under Section 24.
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